DYFS Cases

1. How Does New Jersey DYFS Determine If I Committed Child Abuse Or Neglect?

You do not have to physically abuse or hit your child for New Jersey DYFS to conclude that you committed an act of child abuse or neglect. Contrary to what some people believe, corporal punishment or spanking is not necessarily child abuse, but excessive corporal punishment may be child abuse.

For a court to determine that you committed an act of child abuse or neglect, there must be some evidence that your actions (or your lack of action) placed your child at risk of suffering harm. The risk of harm could be either physical or emotional.

2. What Happens When I Discover That I Am Being Investigated By New Jersey DYFS?

New Jersey DYFS is required by law to investigate all allegations of possible child abuse/neglect reported to the agency. People who make child abuse/neglect referrals may remain anonymous. Often New Jersey DYFS workers will not call, but will simply come to your home. If you do not cooperate with the New Jersey DYFS investigation, the agency may seek a Court Order (“Order to Investigate”) compelling your cooperation. New Jersey DYFS is required to notify you of the “findings” or conclusion of their investigation. The most common findings are that the alleged child abuse/neglect was “substantiated,” “unsubstantiated” or “unfounded.” If the allegations of abuse are serious, New Jersey DYFS has the authority to remove your child from your custody without a court order (“DODD” or emergency removal). If your children are removed without a court order, your matter will receive a preliminary hearing before a Superior Court Judge within the next few days.

3. Should I Retain A Lawyer Who Is Experienced In New Jersey DYFS Cases?

It is difficult to imagine an action which more directly affects the sanctity of the family and parenting rights than the removal of a child by New Jersey DYFS. If you oppose the removal, you will be named as a defendant in a Superior Court lawsuit brought by New Jersey DYFS, which will be represented by a Deputy Attorney General. In those circumstances, you would greatly benefit from retaining a lawyer who is experienced in New Jersey DYFS cases.

Even if your child is not removed from your custody, DYFS may make findings that you committed an act of child abuse/neglect which, if substantiated, may impair your ability to adopt children, become a foster parent or work in certain professions. If you wish to appeal those findings, you must timely file the proper paperwork with the New Jersey Office of Administrative Law, which will conduct a trial. It is also advisable that you retain a lawyer who is experienced in New Jersey DYFS cases, to represent you in that proceeding.

If you cannot secure the necessary funds to retain a lawyer who is experienced in New Jersey DYFS cases, and you meet certain financial criteria, the court will appoint a Public Defender, who hopefully will represent you well.

To speak with a New Jersey Family Law Attorney, call 973-455-1220.